California Penal Code 16520 PC – Definition of a Firearm

California Penal Code 16520 PC defines the term “firearm” under California law.

This definition is important because numerous California criminal statutes involving weapons, gun possession, concealed carry, prohibited persons, assault weapons, and firearm enhancements rely on the legal meaning established by Penal Code 16520.

California firearm laws are extensive and highly regulated. A person may face criminal charges even when they did not realize an object was legally qualified as a firearm under state law. 

Understanding how California defines firearms is critical for individuals facing criminal investigations, arrests, or weapon-related allegations.

The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help you. Schedule your consultation via the contact form or by calling us at (424) 372-3112.  

This guide explains California Penal Code 16520 PC, how prosecutors apply the statute, the criminal penalties associated with firearm offenses, related California gun laws, legal defenses, examples, and frequently asked questions.

What Is California Penal Code 16520 PC?

California Penal Code 16520 PC defines a firearm for purposes of California criminal law.

Under the statute, a firearm generally means a device designed to be used as a weapon from which a projectile is expelled through the force of an explosion or combustion.

The statute applies broadly and impacts many California weapon offenses.

Text of California Penal Code 16520 PC

California Penal Code 16520 PC states in part:

“As used in this part, ‘firearm' means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.”

The law also includes additional provisions that explain which devices qualify and identify certain exclusions.

What Qualifies as a Firearm Under California Law?

California courts and prosecutors evaluate whether an object meets the statutory definition contained in Penal Code 16520 PC.

Common Examples of Firearms

Objects that commonly qualify as firearms include:

• Handguns
• Revolvers
• Pistols
• Rifles
• Shotguns
• Semi-automatic firearms
• Certain homemade firearms
• Ghost guns
• Assault weapons

The object does not necessarily need to be loaded to qualify as a firearm.

Does an Unloaded Gun Count as a Firearm?

Yes. Under California law, an unloaded gun may still qualify as a firearm.

Many firearm-related offenses do not require prosecutors to prove the weapon was loaded at the time of the alleged offense.

However, whether a firearm was loaded may affect:

• Sentencing enhancements
• Bail determinations
• Concealed carry allegations
• Assault charges
• Probation conditions

Do BB Guns and Airsoft Guns Count as Firearms?

Generally, BB guns and air-powered devices do not qualify as firearms under Penal Code 16520 PC because they do not expel projectiles through combustion or explosion.

However, BB guns and replica firearms may still lead to criminal charges under other California statutes.

Examples of Related Charges

Potential allegations involving imitation or air-powered weapons may include:

• Brandishing
• School weapon violations
• Armed robbery allegations
• Criminal threats
• Assault charges

California courts may still treat replica weapons seriously in criminal cases.

Ghost Guns and Homemade Firearms

California law heavily regulates ghost guns and unserialized firearms.

A homemade firearm may still qualify as a firearm under Penal Code 16520 PC if it functions through combustion and expels a projectile through a barrel.

Ghost gun investigations frequently involve additional allegations such as:

• Unlawful manufacturing
• Possession of unserialized firearms
• Assault weapon violations
• Firearm transfer violations

California prosecutors aggressively pursue ghost gun cases.

Why the Definition of a Firearm Matters

The definition in Penal Code 16520 PC applies to many criminal charges.

If prosecutors cannot prove an object legally qualifies as a firearm, related charges may fail.

Criminal Cases Impacted by Penal Code 16520 PC

The statute commonly affects:

• Felon in possession cases
• Concealed firearm allegations
• Assault with a firearm charges
• Firearm enhancement allegations
• Carrying a loaded firearm offenses
• School zone weapon charges
• Domestic violence weapon restrictions
• Gun trafficking investigations

The classification of an object as a firearm may substantially affect criminal exposure.

Related California Firearm Laws

California has numerous statutes regulating firearms, possession, transportation, and weapon enhancements.

Penal Code 25400 PC – Carrying a Concealed Firearm

California Penal Code 25400 PC prohibits carrying a concealed firearm on the person or inside a vehicle.

To convict under Penal Code 25400 PC, prosecutors generally must prove:

1. The defendant carried a firearm
2. The firearm was substantially concealed
3. The defendant knew the firearm was present

Possible penalties may include:

• Misdemeanor charges
• Felony charges
• Jail time
• Probation
• Firearm restrictions

Penal Code 25850 PC – Carrying a Loaded Firearm

California Penal Code 25850 PC prohibits carrying a loaded firearm in public or inside a vehicle under certain circumstances.

A firearm may be considered loaded when ammunition is attached in a manner allowing immediate firing.

Potential penalties may include:

• County jail time
• Probation
• Firearm prohibitions
• Felony exposure in aggravating cases

Penal Code 29800 PC – Felon in Possession of a Firearm

California Penal Code 29800 PC prohibits convicted felons and certain prohibited persons from possessing firearms.

Potential penalties include:

• Felony convictions
• State prison exposure
• Firearm prohibitions
• Probation restrictions

This statute is frequently charged alongside other weapon offenses.

Penal Code 245(a)(2) PC – Assault With a Firearm

California Penal Code 245(a)(2) PC criminalizes assault with a firearm.

Potential penalties may include:

• State prison
• Strike offense consequences
• Firearm enhancements
• Immigration consequences
• Felony probation

Assault with a firearm cases often involve substantial sentencing exposure.

Penal Code 417 PC – Brandishing a Firearm

California Penal Code 417 PC prohibits displaying or drawing a firearm in a threatening, angry, or rude manner.

Brandishing allegations commonly arise during:

• Road rage incidents
• Domestic disputes
• Arguments
• Public confrontations

Possible penalties may include jail time, fines, probation, and firearm restrictions.

Firearm Enhancements Under California Law

California Firearm Enhancement Law	Description	Possible Additional Penalties
California Penal Code 12022.5 PC	Personal use of a firearm during certain felonies	Additional 3, 4, or 10 years in prison
California Penal Code 12022.53(b) PC	Personal use of a firearm during serious felonies	Additional 10 years in state prison
California Penal Code 12022.53(c) PC	Intentionally firing a firearm during specified felonies	Additional 20 years in state prison
California Penal Code 12022.53(d) PC	Discharging a firearm causing great bodily injury or death	Additional 25 years to life in prison
California Penal Code 12022 PC	Armed with a firearm during commission of a felony	Additional 1 year in prison
California Penal Code 12022.4 PC	Furnishing a firearm during commission of a felony	Additional prison sentence enhancement
California Penal Code 186.22(b) PC	Gang enhancement involving firearm allegations	Increased prison exposure and sentence enhancements
California Penal Code 245(a)(2) PC	Assault with a firearm	Felony penalties, strike offense consequences
California Penal Code 29800 PC	Felon in possession of a firearm	Felony conviction and prison exposure
California Penal Code 25850 PC	Carrying a loaded firearm in public	Jail time, probation, firearm restrictions
California Penal Code 25400 PC	Carrying a concealed firearm	Misdemeanor or felony penalties depending on circumstances
California Penal Code 417 PC	Brandishing a firearm in a threatening manner	Jail time, probation, fines, firearm restrictions

California law allows sentencing enhancements when firearms are allegedly used during certain crimes.

Common Firearm Enhancements

Enhancements may apply in cases involving:

• Robbery
• Assault
• Drug trafficking
• Gang allegations
• Attempted murder
• Carjacking

Firearm enhancements can add significant prison exposure to criminal sentences.

Common Defenses in Firearm Cases

A criminal defense attorney may challenge firearm allegations using several legal defenses.

The Object Was Not a Firearm

The defense may argue the object failed to meet the statutory definition under Penal Code 16520 PC.

Illegal Search and Seizure

Evidence obtained through unconstitutional searches may be excluded from court.

Lack of Possession

The prosecution may be unable to prove the defendant knowingly possessed the firearm.

Temporary or Innocent Possession

Some cases involve brief or lawful possession without criminal intent.

False Allegations

Witnesses or law enforcement officers may provide inaccurate statements or incomplete reports.

Examples of California Firearm Cases

Understanding how firearm allegations arise may help explain the application of Penal Code 16520 PC.

Example 1: Unloaded Handgun During Traffic Stop

Police discover an unloaded handgun inside a vehicle during a traffic stop. Prosecutors file concealed firearm allegations under California law.

Example 2: Ghost Gun Investigation

Officers recover an unserialized homemade firearm during a search warrant investigation.

Example 3: Felon in Possession Case

A convicted felon allegedly possessed a firearm discovered during a probation search.

Example 4: Assault With a Firearm Allegation

A person allegedly points a handgun during an argument, resulting in assault and brandishing allegations.

Immigration Consequences of Firearm Convictions

Certain firearm convictions may create severe immigration consequences for non-citizens.

Potential immigration consequences may include:

• Deportation proceedings
• Visa denial
• Inadmissibility
• Denial of naturalization

Non-citizens accused of firearm offenses should seek immediate legal representation.

Expungement and Post-Conviction Relief

Some firearm-related convictions may qualify for post-conviction relief.

Potential relief options may include:

• Expungement
• Felony reduction
• Early probation termination
• Record sealing in qualifying cases

Eligibility depends on the offense, sentence, and criminal history.

Frequently Asked Questions

What is considered a firearm under California law?

A firearm generally means a device that expels a projectile through a barrel using combustion or explosion.

Does a firearm need to be loaded?

No. Many California firearm offenses apply even if the weapon is unloaded.

Are BB guns considered firearms?

Generally, BB guns and airsoft guns are not considered firearms under Penal Code 16520 PC.

Can ghost guns lead to criminal charges?

Yes. California aggressively prosecutes ghost gun and unserialized firearm violations.

Can a firearm charge be a felony?

Yes. Many California firearm offenses may be charged as felonies.

Can firearm convictions affect immigration status?

Yes. Certain firearm convictions may lead to deportation or inadmissibility.

Why Early Legal Representation Matters

California firearm cases often involve complex constitutional issues, search and seizure disputes, forensic evidence, and sentencing enhancements.

A criminal defense lawyer may:

• Challenge unlawful police searches
• Investigate firearm ownership issues
• Contest possession allegations
• File suppression motions
• Negotiate reduced charges
• Prepare a defense for trial

Early legal intervention may improve opportunities to reduce charges or avoid conviction.

For the best chance at a favorable outcome, consult an experienced California criminal defense attorney at Cron, Israels & Stark. You can schedule a consultation by using the contact form available here.